Chapter 14 Compensation for civilian casualties in armed conflicts and theory of liability

Abstract

Purpose – The purpose of this chapter is to highlight the current limitations in compensating the civilian victims of armed conflicts and to examine the possibility of extending this practice.

Methodology/approach – The first half of the chapter employs legal and political analysis of the current framework of international law and the practice of the United States. The latter half of the chapter examines the literature on theory of liability in economics and philosophy.

Findings – The framework of international law, which does not require compensation for the victims of lawful attacks, is increasingly at odds with the current trend in which military force is used by a powerful state against a much weaker state on the grounds that the local population would benefit from the operation. The system developed by the United States is the most extensive and can form a model for other states and international institutions. Keating's analysis of enterprise liability can be applied to compensation of victims in military operations that are deemed to be beneficial to the population. Economic analysis, on contrary, suggests that compensation of civilian victims has minimal effect on the level of risks.

Originality/value – This chapter makes a unique contribution by applying theory of liability to a situation that widely diverges from the context in which the theory has developed. It critically examines the current practice and proposes a morally preferable and economically sustainable alternative model.

Citation

Ichikawa Smart, M. (2010), "Chapter 14 Compensation for civilian casualties in armed conflicts and theory of liability", Goldsmith, B.E. and Brauer, J. (Ed.) Economics of War and Peace: Economic, Legal, and Political Perspectives (Contributions to Conflict Management, Peace Economics and Development, Vol. 14), Emerald Group Publishing Limited, Leeds, pp. 243-259. https://doi.org/10.1108/S1572-8323(2010)0000014018